§562-A. Definitions

As used in this subchapter, unless the context otherwise indicates, the following
terms have the following meanings. [1989, c. 865, §2 (NEW).]

1.Ancillary equipment.
"Ancillary equipment" means devices including, but not limited to, piping, fittings,
flanges, valves and pumps used to distribute, meter or control the flow of oil to
an underground storage tank.

[
1989, c. 865, §2 (NEW)
.]

1-A.Aboveground oil storage facility.
"Aboveground oil storage facility" means any aboveground oil storage tank or tanks, together with associated piping,
transfer and dispensing facilities located over land or water of the State at a single
location for more than 4 months per year and used or intended to be used for the storage
or supply of oil. Oil terminal facilities, as defined in section 542, subsection
7 and propane facilities are not included in this definition and are not eligible
for coverage by the fund.

[
2009, c. 319, §1 (AMD)
.]

1-B.Aboveground oil storage tank.
"Aboveground oil storage tank" also referred to as a "tank" means any aboveground
container, less than 10% of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. Included in this
definition are any tanks situated upon or above the surface of a floor and in such
a manner that they may be readily inspected. Drums or other storage containers that have a capacity of 60 gallons or less and oil-containing
electrical equipment are not included in this definition.

[
2007, c. 569, §2 (AMD)
.]

2.Applicant.
"Applicant" means the owner or operator of an underground oil storage facility or
an aboveground oil storage facility that has suffered a discharge of oil and who is
seeking coverage of eligible clean-up costs and 3rd-party damage claims from the fund.

5.Corrosion expert.
"Corrosion expert" means a person who is certified by the commissioner pursuant
to section 567-A, as qualified to engage in the practice of corrosion control on buried
or submerged metal piping systems and metal tanks.

10.Gasoline.
"Gasoline" means a volatile, highly flammable liquid with a flashpoint of less than
100° Fahrenheit obtained from the fractional distillation of petroleum.

[
1989, c. 865, §2 (NEW)
.]

11.Heavy oil.
"Heavy oil" means forms of oil that must be heated during storage, including, but
not limited to, #5 and #6 oils.

[
1989, c. 865, §2 (NEW)
.]

12.Leak.
"Leak" means a loss or gain of 0.1 gallons or more per hour at a pressure of 4 pounds
per square inch gauge, as determined by a precision test or other tank and piping
tightness test of similar precision approved by the department.

[
1989, c. 865, §2 (NEW)
.]

13.Motor fuel.
"Motor fuel" means oil that is motor gasoline, aviation gasoline, #1 or #2 diesel
fuel or any grade of gasohol typically used in the operation of a vehicle or motor
engine.

[
1989, c. 865, §2 (NEW)
.]

14.Occurrence.
"Occurrence" means a contamination incident or prohibited discharge associated with
one or more tanks or piping at an underground oil storage facility or an aboveground
oil storage facility within one year.

[
1993, c. 363, §5 (AMD);
1993, c. 363, §21 (AFF)
.]

15.Oil.
"Oil" means oil, oil additives, petroleum products and their by-products of any
kind and in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed
with other nonhazardous waste, crude oils and all other liquid hydrocarbons regardless
of specific gravity. "Oil" does not include liquid natural gas.

15-B.Operator.
"Operator" means a person in control of, or having responsibility for, the daily
operation of an oil storage facility.

[
2009, c. 319, §3 (NEW)
.]

16.Person.
"Person" means any natural person, firm, association, partnership, corporation,
trust, the State and any agency of the State, governmental entity, quasi-governmental
entity, the United States and any agency of the United States and any other legal
entity.

[
1989, c. 865, §2 (NEW)
.]

16-A.Public drinking water supply.
"Public drinking water supply" has the same meaning as "public water system" in
Title 22, section 2601, subsection 8. For purposes of defining a sensitive geologic
area in this subchapter, an underground oil storage facility's water supply that meets
the criteria of Title 22, section 2601, subsection 8 solely because beverages for
public sale or consumption are made at that facility is not considered a public drinking
water supply.

[
1991, c. 763, §1 (NEW)
.]

16-B.Primary sand and gravel recharge area.
"Primary sand and gravel recharge area" means the surface area directly overlying
sand and gravel formations that provides direct replenishment of ground water in sand
and gravel and fractured bedrock aquifers. The term does not include areas overlying
formations that have been identified as unsaturated and are not contiguous with saturated
formations.

[
1993, c. 383, §30 (NEW)
.]

17.Responsible party.
"Responsible party" means any one or more of the following persons:

A. The owner or operator of the underground oil storage facility where a prohibited
discharge has occurred; [1989, c. 865, §2 (NEW).]

B. The person to whom the underground oil storage facility is registered where a prohibited
discharge has occurred; [1989, c. 865, §2 (NEW).]

C. Any person other than those identified in paragraph A or B who caused the prohibited
discharge of oil or who had custody or control of the oil at the time of the prohibited
discharge; [1993, c. 363, §6 (AMD); 1993, c. 363, §21 (AFF).]

D. Any person who owned or operated the underground oil storage facility from the time
any oil arrived at that facility; or [1993, c. 363, §6 (AMD); 1993, c. 363, §21 (AFF).]

E. With regard to sections 568, 568-A, 569-A and 570, persons described in paragraphs A to D with regard to aboveground
oil storage facilities. [2007, c. 655, §3 (AMD).]

[
2007, c. 655, §3 (AMD)
.]

18.Secondary containment.
"Secondary containment" means a system installed so that any material that is discharged
or has leaked from the primary containment is prevented from reaching the soil or
ground water outside the system for the anticipated period of time necessary to detect
and recover the discharged material. That system may include, but is not limited
to, impervious liners compatible to the products stored, double-walled tanks or any
other method approved by the department that is technically feasible and effective.

[
1989, c. 865, §2 (NEW)
.]

19.Sensitive geologic areas.
"Sensitive geologic areas" means significant ground water aquifers and primary sand
and gravel recharge areas, as defined in this section, areas located within 1,000
feet of a public drinking water supply and areas located within 300 feet of a private
drinking water supply.

[
1993, c. 383, §31 (AMD)
.]

19-A.Significant ground water aquifer.
"Significant ground water aquifer" means a porous formation of ice contact and glacial
outwash sand and gravel or fractured bedrock that contains significant recoverable
quantities of water likely to provide drinking water supplies.

[
1993, c. 383, §32 (NEW)
.]

20.Underground gasoline storage tank.
"Underground gasoline storage tank" means a single tank or container, 10% or more
of which is underground, together with associated piping and dispensing facilities
and that is used, or intended to be used, for the storage or supply of gasoline.
The term does not include multiple tanks or containers that are situated on or above
the surface of a floor and in such a manner that they may be readily inspected. An
underground gasoline storage tank is a type of underground oil storage facility.

[
1989, c. 865, §2 (NEW)
.]

21.Underground oil storage facility.
"Underground oil storage facility" means any underground oil storage tank or tanks, as defined in subsection 22, together
with associated piping and dispensing facilities located under any land at a single
location and used, or intended to be used, for the storage or supply of oil, as defined
in this subchapter. Underground oil storage facility also includes piping located
under any land at a single location associated with above ground storage tanks and
containing 10% or more of the facility's overall volume capacity.

[
2009, c. 319, §4 (AMD)
.]

22.Underground oil storage tank.
"Underground oil storage tank," also referred to as "tank," means any container,
10% or more of which is beneath the surface of the ground and that is used, or intended
to be used, for the storage, use, treatment, collection, capture or supply of oil
as defined in this subchapter, but does not include any tanks situated in an underground
area if these tanks or containers are situated on or above the surface of a floor
and in such a manner that they may be readily inspected.